St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-12-24

VI ally SuCu liCSllScl llQuOl Utdicl. VI
under his control; and no such licensed
liquor dealer shall procure, suffer or al
low any common prostitute, male or fe-
male, of evil name or fame, or of i'm
modest, immoral, lewd or lascivious con-
duct or behavior, or of dishonest CONVEX
sation, to visit, resort to, frequent, re-
main in, or to be employed in his or her
saloon, bar-room, or in any place
wherein any kind of liquor is retailed
by him or her. Any person violating
the provisions of this section shall on
conviction thereof by any court having
jurisdiction, be punished by fine of not
less than thirty dollars nor more than
one hundred dollars, or by imprison-
ment in the work house or county Jail
of this county not less than ten days nor
more than thirty days.
Sec. 8. Every person who shall take
out license to sell intoxicating liquors
prior to the 2Sth day of May, 1888, shall
be entitled to rebate thereon upon his
application for continuance of such
license for the succeeding year, which
rebate shall be credited to them in part
payment for their license for said year,
! when they apply and pay for the same ;
and in no other case, or to no other per-
son or persons, other than the one
named in the preceding license shall
such portion of the amount required to
be paid for such license, as the portion
bears to the entire.
Sec. 9. All ordinances and parts of Or
dinanceS which contravene the prOviS-
ions of this ordinance are hereby re-
pealed,
Sec 10. This ordinance shall take eff
feet and be in force from and after its
passage and publication.
Read and referred to the Committees
on License and Ordinances. Yeas-12.
Nays-Ald. Sanborn and Mr.. Vice Pres
ident-2.
Also,
Opinion of Attorney General
The Corporation Attorney submits an
opinion by Attorney General Clapp, in
said matter, as follows:
STATE OF MINNESOTA
ATTORNEY GENERALS OFFICE,
ST. PAUL, Mimi, Dec. 20, 1887.
Hon. W. P. Murray, Corporation At
tOrney, ST. Paul, MINI.
DEAR SIR:-YOur favor of the 10Th
inst, asking for construction of the
high license law, is received. From the
tenor of your letter and the fact that the
question of the term for which licenses
can be issued by the Common Council of
the city of st. Paul has been raised,
assume that it is construction of that
portion of the law governing that ques-
ton which you desire.
Previous to the passage of the So
called high license law, the time for
which licenses could be granted was
generally regulated by the terms of
charters granted to cities, and in the
case of villages by the terms of the law
under which villages were incorpor-
ated. and in the case of licenses granted
by county commissioners, by the terms
of the general statute. Section of
chapter of the general laws of 1887,
being the law commonly known as the
high license act, by prOviSO contained
in said section, placed limitation upon
the powers then existing to issue licen-
Ses. The proviso reads as follows:
provided, that no license shall be
granted for a longer period than one
year, or for a period beyond twenty
days after the annual election in such
village or city next ensuing after the
date of such license" If, in the case of
city holding its election on the 1st of
Nay, an application should be made for
a license ON the 10th OF May to run
until twenty days after the next annual
election, which would, in such case, be
year and ten days, it has been con-
tended that the limitation of one year
YOU d restrict the power to grant such
Ii enSeS to period of one year. If, in
case an election was held on the
1st OF May, and an application was
made on the 1st of June, it has been
commended that the right of the author
ity to grant for one year would be. I'M
der the prOviSO referred to, limited to
period twenty days after the next an
nual electi0n.In other words it has been
cOntended that the two clauses were
each limitation upon the other. But,
without discussing that question, it is
enough to say that it plainly appears
that there are two classes of licenses to
which this prOviSo does not apply.
First-ThOse granted by county COM
misSionerS, which, under the terms of
the law of 1881, must all terminate on
the second Tuesday of January. Sec
Ond-Licenses granted in cities in
which no annual election is held. | am
advised by your letter that the election
for the city officers for the city of st.
Paul is fixed on the second Tuesday of
May, 1888. and every two years there
after. There being, then, no annual
election held in the city of st. Paul, a
prOvisO applying to annual elections
would not apply to this city, and we
would be lest with the simple limitation
that no license shall be granted for
longer period than one year.
am of the opinion, therefore, that
the City Council of st. Paul have au-
Il Ority to grant licenses for period OF
one year. Such plainly appears from
the provisions of the law referred to. /
am, very respectfully yours,
MOSES E. CLAPP, Attorney General.
Committees on License and Ordi-
nanceS.
laid. Sanborn introduced a resolution
fixing the license fee for all licenses
hereafter to be issued for the sale of in
t0xicating liquors at $1,000.
Committees OH Licenses and Ordi-
nances. Yeas, II. Nays-Ald. SanbOrn,
MIR. Vice President: 2.
Also,
T. W. Sadd's Claim
After submitting said claim to the
City Engineer, whose report is adverse
thereto, the Corporation Attorney rec
ommendS that said claim be diSall0wed.
Adopted.
Also,
Daniel S. Stombs' Claim
The Corporation Attorney reports
that said claimant has already COM
menced an action to recover for the in
Jurles alleged.
Accepted.
Also,
John Hanlon's Claim
The Corporation Attorney reports
that John Hanlon has already COM
menced an action against the city to re-
cover for the injuries stated.
Accepted.
Also,
W. F. Smiths Petition
The Corporation Attorney recon-
mendS that petitioner be allowed the
sum of $3.50.
Adopted. (See Ordinance No. S72.)
Also,
Joseph Lick's Petition
The Corporation attorney reports adj
versely to prayer of petitioner, for the
reason that the only way in which pc
titiOner can obtain relief is through the
court on appeal from the Judgment, etc.